VJAB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1253

FEDERAL COURT OF AUSTRALIA

VJAB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1253

MIGRATION – protection visa – undated decision form signed by a delegate of the respondent – whether court has power to order release by way of interlocutory relief – whether a serious issue to be tried as to whether the decision form constitutes the grant of a protection visa to the applicant – whether balance of convenience favours the grant of interlocutory relief sought – waiver and abuse of process. Judiciary Act 1903 (Cth) s 39B

Migration Act 1958 ss 65(1)(a), 67, 189, 196

Freedom of Information Act 1982 (Cth)

Federal Court of Australia Act 1976 (Cth) s 23

Applicant VFAD of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCA 1062, followed

VHAF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1243, followed

Shergold v Tanner (2002) 188 ALR 302, referred to

Bullock v The Federated Furnishing Trading Society of Australasia (1985) 5 FCR 464, applied

VJAB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 706 OF 2002 MARSHALL J 11 OCTOBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 706 OF 2002

BETWEEN: VJAB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 11 OCTOBER 2002

WHERE MADE: MELBOURNE

THE COURT NOTES that the applicant by his counsel has undertaken to the Court: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and